Mr.N.R.R.Arun Natarajan, v. Election Commission Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU N.R.R.Arun Natarajan .. Petitioner in both WPs Vs 1 Election Commission of India rep by the Chief Election Commissioner Office of the Election Commission Nirvachan Sadan, Ashoka Road New Delhi, Delhi-110 001 2 The Chief Electoral Officer, Tamil Nadu Public (Election) Department Secretariat, Fort St George, Chennai-600 009 3 The Commissioner of Police Commissioner Office Building No.132 EVK Sampath Road, Vepery, Periyamet Chennai-600 007
4 The Inspector of Police H6 R.K.Nagar Police Station R.K.Nagar, Chennai-600 021 5 The Inspector of Police H5 New Washermanpet Police Station New Washermanpet, Chennai-600 081 6 The Inspector of Police H3 Tondiarpet Police Station Tondiarpet, Chennai-600 081 7 The Inspector of Police H4 Korrukupet Police Station Korukkupet, Chennai-600 021 8 The Director General of Income Tax (INV) TN and P Investigation Wing (2nd floor) New No.46 Old No.108, Nungambakkam High Road Chennai.
.. Respondents in both WPs (R8 suo motu impleaded vide Court order dt. 3.12.2018) Prayer In W.P.No.9711 of 2017: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the Respondents 1 & 2 to file complaints against all the persons who were responsible for the distribution of cash/gift articles to the voters in 11-Dr.Radhakrishnan Nagar Constituency including Mr.T.T.V.Dhinakaran and also against the voters in 11Dr.Radhakrishan Nagar who have received gratification under section 171 B of IPC punishable under section 171 E of IPC and on their
conviction initiate steps to disqualify such persons responsible for the distribution of cash and voters in 11 - Dr.Radhakrishan Nagar from exercising their electoral right of voting for a period of six years from the date of conviction under Section 11 A of the Representation of People Act.
Prayer In W.P.No.9712 of 2017: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the Respondents 3 to 7 to register FIR as and when the respondents 1 and 2 file complaints relating to the offence of bribery under section 171 B punishable under Section 171E of IPC which is alleged to have been committed in 11-Dr.Radhakrishnan Nagar Constituency and investigate the complaint by issuing summons to all the persons who were responsible for the distribution of cash/ gift articles to the voters in 11-Dr.Radhakrishnan Nagar Constituency including Mr.T.T.V.Dhinakaran and also against the Voters in 11Dr.Radhakrishan nagar Constituency who have received gratification and take action in accordance with law against the persons concerned for the offence of bribery under Section 171 B punishable under Section 171 E of IPC read with Section 108 of the IPC. For the Petitioner in both WPs : Ms.C.Uma For the Respondents in both WPs : Mr.Niranjan Rajagopal for respondent Nos.1 and 2
: Mr.P.Muthukumar State Government Pleader assisted by Mr.K.M.D. Muhilan Addl. Government Pleader for respondents 3 to 7 : Mr.A.N.R.Jaya Pratap for respondent No.8 COMMON ORDER (Order of the court was made by the Hon'ble Chief Justice) We have heard Ms.C.Uma, learned counsel for the petitioner; Mr.Niranjan Rajagopal, learned counsel for respondents 1 and 2; Mr.P.Muthukumar, learned State Government Pleader, assisted by Mr.K.M.D.Muhilan, learned Additional Government Pleader for respondents 3 to 7; and Mr.A.n.R.Jaya Pratap, learned counsel for the eighth respondent.
2. Learned counsel for the petitioner submits that the relief claimed in these writ petitions has become infructuous.
3. In view of the statement made by learned counsel for the
petitioner, these writ petitions are dismissed. There will be no order as to costs. Consequently, W.M.P.No.10691 of 2017 is closed. (S.V.G., CJ.) (P.D.A., J.) 22.08.2023 Index :
Yes/No Yes/No sasi
To:
1 The Chief Election Commissioner Election Commission of India Office of the Election Commission Nirvachan Sadan, Ashoka Road New Delhi, Delhi-110 001 2 The Chief Electoral Officer, TamilNadu Public (Election) Department Secretariat, Fort St George, Chennai-600 009 3 The Commissioner of Police Commissioner Office Building No.132 EVK Sampath Road, Vepery, Periyamet Chennai-600 007 4 The Inspector of Police H6 R.K.Nagar Police Station R.K.Nagar, Chennai-600 021 5 The Inspector of Police H5 New Washermanpet Police Station New Washermanpet, Chennai-81 6 The Inspector of Police H3 Tondiarpet Police Station Tondiarpet, Chennai-600 081 7 The Inspector of Police H4 Korrukupet Police Station Korukkupet, Chennai-600 021 8 The Director General of Income Tax (INV) TN and P Investigation Wing (2nd floor) New No.46 Old No.108, Nungambakkam High Road Chennai.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
(sasi) 22.08.2023